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06/05/1980 .,. ',' ,'~ '~ fa ,.j CITY COMMISSION MBBTING June 5, 1980 'J , The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, June 6, 1980, at 6:00 p.m., with the following members present: Charles F. LeCher William Nunamaker Richard B. Tenney Marvin Moore Rita Garvey Also present were: Anthony 1.. Shoemaker Thomas A. Bustin Max Battle (Until 12:30 a.m.) David P. Healey Frank Daniels Lucille Williams Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner City Manager City Attorney Public Works Director Planning Director Police Chief City Clerk The Mayor called the meeting to order. The Pledge of Allegiance was led by Arta Gates. The invocation was offered by Chief Daniels. ITEM "3 - Introductions and Awards. Proclamations were issued proclaiming June 7, 1980, "Clearwater Babe Ruth Baseball Day"; June, 1980, as "Recreation and Parks Month in Clearwaterll; and June 8, 1980, "Children's Day." ' ITEM #4 - Service Pin Awards. Ray Brock, Public Works Department, was awarded as-year service pin. ITEM #5 - Minutes. Commissioner Tenney moved to approve the minutes of the regular meeting of May IS, 1980, as recorded and as submitted in written summation by the 'Clerk to each Commissioner. Motion was seconded by Commissioner Garvey and carried unani- mously. PRESENTATION - Juvenile Welfare Board of Pinellas County. Raymond L. Edwards, Executive Director of the Juvenile Welfare Board of Pinel1as County, spoke about the board since its inception in 1945. A one-half-mill tax supports 24 agen- cies, which in turn helped 43,000 children and their family members, day-care for low-income families, therapy for retarded children, after-school care, and drug abuse programs, in 1979. ' , " , ,"~.. , . ~,' .~ . .' ~ T . . ., \' ....,' < ,y, .' 6(5/80 . ',.., ". ., ," , . . < ~ ~~.I.~ ., , , ~)' .' . ... '..... .:-;/',:'",GSH:iit;~ '.., o e ITEM H6 - Consent Agenda. 6-a Bids: Award contracts to lowest responsive and responsi- ble bidder in accordance with plans and specifica- tions. .1 Bid H71-80 - One (1) hydraulic lift, Gilbarco Model A-2BM3 with installation - L. W. Jones, St. Peters- burg, $8,794.00 net, including Joyce-Swinger Model 10-SWBY trade-in. .2 One (1) Sulli-Blast sandblast pot with accessories and one (1) 10-25 H Sullair standard rotary com- pressor - Sullair of Florida, Inc., Largo, $7,272.00 FOB Michigan City, Indiana. .3 Bid #77-80 - Steel gas pipe and fittings - Empire Pipe and Supply Co., Inc., Birmingham, Alabama, $37,999.21. .4 One (1) Model SKU Skidmount Sanafoam Va~orooter and 300 gallons of Vaporooter Plus Foam - A~rriRation Engineering Co., Inc., Carmel Valley! California, $7,950.00 FOB Lodi, California, and ~11,550, FOB Tampa, respectively. Total, $19,500.00. 6-b Purchase of Natureville IX PIa Center for Mandala Marina Recreat~on Complex un er except~on 5 to 1dding procedures, Section 15A-I0 Code of Ordinances - Miracle Recreation Equipment Co., Grinnel, Iowa, $5,705.00. 6-c Petition for Annexation of Lot 38, DelOra Gardens, in Section 9-29-16. Annex 80-9. Eden Development Corpora- tion. (For receipt and referral.) 6-d Land Use Plan Amendment from Recreation/Open Space to Medium Density Residential! M&B I-A and I-A2 in NE~-of Section 11-29-15. LUP 80-47. Owners, Daniel A. Engle- hardt and John J. Mark; Applicant, .City of Clearwater. (For receipt and referral.) 6-e Land Use Plan and Zoning Atlas Amendments for properties located north of Drew Street, from Myrtle to Greenwood Avenues. A licant Cit of Clearwater; Multiple owner- s 1P unless note ot erw~se. For receipt and referral.) .1 Zoning Atlas Amendment from CG (General Business, RM-28 (High Density, Multi-Family), and RM-12 (Duplex/Apartment) to PS (Professional Services), Lots 21 through 26, Inclusive, Drew Park Subdivision; Lots 1 through 10, Inclusive, Block A and Lots I through 8, Inclusive, Block B, Plaza Park Subdi- vision; Lots I through 5, Inclusive, and Lots 7 through 10, Inclusive, Block 1, Sarah McMullen's Subdivision; and Lots 1 through 13, Inclusive, Block 6, R. J. Booth Subdivision. In SW~ of Section 10-29-15 and NW~ of Section 15-29-15. Z-80~18. Lot 6, Block I Sarah McMullen's Subdivision in' Section 15-29-15. Owner, United Presbyterian Church. . 2 a. Land Use Plan Amendment from Residential/Office to Public/Semi-Public. LUP-46. Atlas Amendment from CG (General Busi- nst~tutional/Semi-Public). . . ' , . ~ ' b. . ' 't', . " ~) .;' '2.., 6/5/80,. '. > , .' ;', " '.'\ .' < . >. I 1. <: ~, J ;'.' ' '. '.' : \ , U j a.:, ~.::~ ,<: '... ,::::). Ii . .;.: I - e .3 Land Use Plan Amendment from Public/Semi'-Public, Commercial/Tourist Facilities, and Low Density Residential, to Medium Density Residential, for Lots 4 through 20, Inclusive, Lots 27 through 39, Inclusive, Lot 40 less the N 7,5 feet of the W 40 feet, Lot 41 less the W 30 feet, B~ of Lot 42, and Lot 43, all in Drew Park Subdivision; and Lots 11 through 20, Inclusive, Block A, Lots 9 through 16, Inclusive, Block B, Lots 1 through 18, Inclusive, Block C, Lots 1 through 14, Inclusive, Block D, Lots 1 through 18, Inclusive, Block H, Lots 1 through 14, Inclusive, Block F, Lots 1 through 10, Block G, Lots 1 through 8, Block H, all in Plaza Park Subdivision. In Section 10-29-15. LUP 80-45. .4 Zonin CG (General Business) to for Lots 32 & 33 & 36 t roug 39 Inclus1ve, ot 40 less the N 75 feet of the W 40 feet, Drew Park Subdivision, in Section 10-29-15. Owner of Lots 32 & 33,G. & P. Allen. Owner of Lots 36, 37, 28, 39 & Part of 40, Annette Baker. Z 80-21. .5 Lots 1, 2 & 3, Block A, Bon Air Subdivision. Owner, Annette Baker. In Section 10-29-15. a. Land Use Plan Amendment from Industrial to Commercial/Tourist Facilities. LUP 80-4!7 b. Zoning Atlas Amendment from ML (Light Manu- facturing) to CG (General Business). Z 80-17. .6 Zonin~ Atlas Amendment from CG (General Business), ML (L1ght Manufacturing), and RM-l2 (Duples/Apart- ment), to P (Public), for Lots 11 through 20, Inclu- sive, Block G, Plaza Park Subdivision; and Lots 1, 2, 3, 44, 45, N 7.5 feet of W 40 feet of Lot 40, W 30 feet of Lot 41, and W~ of Lot 42, Drew Park Subdivision; and Lots 5, 6 & 7, Block A, Bon Air . Subdivision. Section 10-29-15. Z 80-20. 6-f ~prove Chan~e Order #4, 1979 Library Additions and J[lterations, decreasing Wi1liams-Johnsont Inc. contract $5,878.63 for a total present contract ot $1,157,173.12. ~ 6-h Approve request for fundraiser breakfast for State Sena- tor Donald L. Chamberlin at City Hall Annex Auditorium, June 12, 1980, 7 a.m. 6-i Alcoholic Bevera2e Zonin2. 1923 U.S. 19 North, Doves Restaurant and Lounge. - Approve request of Ron a ICflE. Chamberlain, attorney representing Lee Augustine (lessee), to permit sale of beer wine and Ii uor on remises (4 COP-SRX nown as Port1on 0 M& Z - 1n t e of Section 5-29-16. , , ' ,'. , '. .. e,:' ;.+ , :::e.~ e , . ... ,. " , 6/5/80 ,e; , ' e I ~ . . ," ,'.>,., \" . "'T" ~I' . ," o -. &.:1 External Independent Audit - Approve contract between City and Peat, Marwick, Mitchell & Co., setting forth scope, timing, and compensation for 1979/80 audit for' fee of $54,070. . Harrison Sguare - Lot 1 W of T&GC RR & Lots 2 & 3 W of T&BC RR, Block 12, and Lots 1 through 8 inclusive, Block 13, & vacated Hamlet Avenue right-of-way, Belleair Subdivision. Hatcher-Atkinson-VanHorn Associates. 6-k 6-1 .1 Approve Community Impact Statement. .2 Approve Preliminary Site Plan subject to Utilities Department Director's approval of water plan, and building permit to be issued within 6 months from date of approval and total project to be completed within 2 years. Approve request of Gabriel Cazares to rent City Hall Annex Community Hall, Sunday, June 29, 1980, for Kick- Off Rally to campaign as candidate for Pinellas County Commission. 6-m Bid - Impound Vehicle Towing, Storage, and Disposal. Award contract to highest responsive and responsible bid- der in accordance with specifications, subject to applica- ble ordinance - John M. Weeks, Inc., Clearwater, for vehicles impounded by the Clearwater Police Department, June 28, 1980 through June 27, 1981, will pay City $527.00 a month + 30% of all gross revenue from sale of impounded vehicles. 6-n Contractor's Retainage - 1979 Library Additions & Altera- tions Contract. Authorize the City Manager to amend construction contract with Williams-Johnson, Inc., for the Library Additions and Alterations Project to reduce retainage from 10% to 5%. Traffic Signal Computer Maintenance Agreement - Approve I-Year agreement with Perkin-Elmer for maintenance of computer equipment used in Traffic Engineering Depart- ment to control traffic signals, under exception to Section l5-H-lO (2) of City Code of Ordinances. $9,456.00. Review of Preliminary Site Plan in Portion of M&B 2-1 in the SE~ of Section 29-28-16. Clearwater Community Church. PSP 80-13. Approved subject to grass surface parKing area to be appropriately stabilized and graded as approved by the City Engineer, and building permit to be issued within 6 months from approval date and total project to be completed within 2 years. Agreement to Annex, (Water Only) - Lots 1 & 2 less the N'ly 102 feet, Lot 10, and the N'ly 21 feet of Lot 9f Block A, Brooklawn Subdiv1sion in Sect10n 3-29-15. ATA- 13. Luis J. and Barbara E. Leon. Approve. Commissioner Garvey moved to accept the Consent Agenda as presented and that the appropriate officials be authorized :to~execute same.' Commissioner Nunamaker seconded the motion which,~arried unanimously., 6-0 &..:.E. ~ " _ .r I ..- " . . '. . . . . . . .'. .. ~ , ~.< . , ,. ". I, .,,',; "'.~,;,\::.-/. .~ ~ . 6/~/80:' ,:' , ':',':;""';: ';::"/: 0" :'.': :~.,r '~y ~~~i,~:/>\~~~~,:X~:;:~l{t .' .1.' "" ' "\'" , " e 8 Commissioner Tenney moved to forward the Utility,and Energy Conservation Elements of the Clearwater Comprehensive Plan for review and comment to outside agencies in accordance with the procedures outlined in Chapter 163, Plorida Statutes; and to extend the deadline for compliance with the LGCPA to July 1, 1981; and that the appropriate officials be authorized to execute same. Commissioner Moore seconded the motion which carried unanimously. ITEM '10 ~ Other Pending Matters a. for Material Marl'is a scarce construction material, obtainable only from a single source, and the Purchasing Offieer recommends this pur- chase be processed for approval under.exception (2):to bidding pro- cedures, Section I5-A-IO, Code of Ordinances. Commissioner Tenney moved to approve the purchase of a total of 1,500 yards of marl from C. E. Pierce Constru~tion, Inc., Pinellas Park, in the amount of $8,625.00, as a sole- source supplier, to enable the earliest completion of Memorial Causeway, and that the appropriate officials be authorized to execute same. Commissioner Moore seconded the motion which carried unanimously. ' b. Marshall Street Pollution Control Facility Expansion. 1. 2. ~ge Order #8, Biltmore Construction Co., Inc. (+~15, 224.68); and Certificate of Substantial Completion. This change order incorporates into the contract docu- ment all changes approved by engineering orders and claims by the contractor for additional costs incurred. Commissioner'Tenney moved to approve Change Order #8, increasing Bi1 tmore Construction Co., Inc. contract $15,224,; 68 for,a new total contract price of $7,060,472.11, and to authorize the appropriate officials to execute same; and to authorize execution of Certificate of Substanital Completion (Tentative) with payment of all contract retainage except $10,000.00, until completion of all items identified or exceptions on the Certificate of Substantial Completion. Commissioner Moore seconded the motion which carried unar..ililously.'.. ITEM #11 - Verbal Reports. Max Battle, Public Works Director, reported a letter from the Environmental Protection Agency awarding a grant of funds in the amount of $1,972,500 to be used on McMullen-Booth Road for a force main to connect the Northeast Treatment Plant with the East Treatment Plant. Commissioner Tenney moved to p:ass and 'adopt Resolution #80-64 authorizing the City Manager to accept the grant funds and to authorize :the appropriate'~officials to execute same. Commissioner Moore'seconded the motion. Upon roii call the vote was: . ' "Ayes": Garvey, Moore, Nunamaker, Tenney and LeCher. '''Nays'': None. ','J ~ ." .. ' .:-. '.; ~ L' . ~',. '. , " ., ,~ (~ :.. ... { . ,~. . I ' " ' .'': . '.' tit ,I e , '~f~ It,:. ,,' ITEM ~ Resolution '80~65 Supporting the University of South Florida's Proposal to be Host of tfie 1983 Summer International Special Olympics Games. .. ' Commissioner Tenney moved to pass and adopt Resolution '80~6S and to authorize the appropriate officials to execute same~ Commissioner Moore seconded the motion. Upon roll call the vote was: "Ayes": Garvey, Moore, Nunamaker, Tenney and LeCher. "Nays": None. Commission proceeded to City Attorney Reports. The City Attorney presented Ordinance #2123 for second reading and stated he would read by title only unless there was a request to read in its entirety. The Ordinance was read by title only. Commissioner Tenney moved to pass and adopt Ordinance H2123 on second and final reading and to authorize the appropriate officials to execute same. Commissioner Moore seconded the motion. Upon roll call the vote was: "Ayes" : Garvey, Moore, Nunamaker, Tenney and LeCher., "Nays": None. The City Attorney presented Ordinance H2125 for second reading and stated he would read by title only unless there was a request to read in its entirety. The Ordinance was read by title only. Commissioner Tenney moved to pass and adopt Ordinance #2125 on second and final reading and to authorize the appropriate officials to execute same. Commissioner Moore seconded the motion. Upon roll call the vote was: "Ayes": Garvey, Moore, Nunamaker, Tenney and LeCher. "Nays": None. ~i . , " '. ,? . ....-, .: .., ...",' '\i;'ir!;O;::,>:;;;::~j(i~';~'! , ' ,.,6/5/80., .', n,:t' "'.';" ,1': ""t ,\~~\..;\ ,i,. ~"!!,fi.'''\\' ,... I".' ...,.. ,,',.,', . " -' " ;,."," f;,:' ,;'1' 11' """?;('~1'"~''''' ~ . '.h".~ 1..1'" '1..., 't J:&~:';''='':'I ~~ il?:~r.tr: , , " , I ,: ." =: 'c ;' ~ ",', > >' ...\' ~ CD ITBM *26 - Second Reading, Ordinance *2133 - Amending Ordinance '2124 to Provido that the "Park Acquisition Note, S'eries 1980 of the City of Clearwater FlorIda " shall be' paid from t~e Franchise Fees received !rom the ~ranch1se granted to Florida Power Corporation. Commissioner Moore moved to amend Ordinance '2133 on Page 2 in the first paragraph of the note, next-to-the-last line after "Barnett Bank of Clearwater," to add "acting as Paying Agent." Commissioner Garvey seconded the motion which carried unanimously. Commissioner Moore moved to amend Ordinance 12133 on Page 3, at the top of the page after the first word "CO'I'p- :' " '\ oration," to delete the words "under the franchise granted pursuant to Ordinance No. 1091, duly enacted on July 5, 1966" and insert the following: "its legal representatives, successors or assigns under the franchise granted pursuant to Ordinance '1091, duly enacted on July 5, 1966, or any extension or re- newal of said franchise or from any new franchise grant- ing the right to supply electricity to the Issuer or its inhabitants.tI C T ...>.... le:- Commissioner Tenney seconded the motion which carried unani~ mously. Commissioner Moore moved to amend Ordinance '2133 on Page 3 by deleting the fourth full paragraph and 'inserting the fOllowing: "The City has covenanted and agreed with the holder of this note that it will not repeal the ordinance levying the electric franchise revenues and will not amend or : modify such ordinance in any manner so as to impair or adversely affect the power and obligation of the City to levy and collect the electric franchise revenues or impair or adversely affect in any manner the pledge of such electric franchise revenues or the rights of the holder of the note, and that the City shall be uncon- ditionally and irrevocably obligated, so long as the note is outstanding and unpaid, to levy and collect such electric franchise revenues, at a maximum rate permitted by law, to the extent necessary to pay the principal of and interest on the note and to make the other payments required by the ordinance.1I Commissioner Tenney seconded the motion which carried unanimously. Commissioner Moore moved to amend Ordinance '2133 on Page 5, Subsection (d) paragraph under Section 3.02 to be deleted and the following inserted: . "Section 3.02 COVENANT TO GENERATE REVENUES. The Issuer hereby covenants and agrees with the holder of this note that it will not repeal the ordinance levying the iran-, ,.,' chise revenues and will not amend or modify such ordinance in any manner so as to impair or adversely affect the power and'obligation of the Issuer to levy and collect the franchise revenues or impair or adversely affect in any manner the ,pledge of such franchise revenues or the rights of the holder of the note. The Issuer shall be unconditionally and irrevocably obligated so long as ,th~ note is outstanding and. unpaid, to levy and collect ,. . ~ f. ) i' " . t. + ,{/:., " , c "f' " "" , ::: ':':"~)>'(':~;..~i\~::, '< I , I. @ fa . . :!;~:', ' ~\ < ..r, [.' such franchise revenues, at a maximum rate permitted by law, to, the extent necessary to pay the principal of Bnd interest on the note and to make the other ," payments provided for herein." Commissioner Tenney seconded the motion which carried " unanimously. Commissioner Moore moved to amend Ordinance *2133 on Page 5, Subsection (e) under Section 4.01 at the end of the ,third line after the word "Obligation" to add "in full, to and in the final installment thereof,." Commissioner Tenney seconded the motion which carried unanimously. Commissioner Moore moved to amend Ordinance #2133 on Page 6, the third line from the top of the page after the fourth word "interest," to delete the word "then" and after the word "due," to insert nand to become due, to and including the final installment;" and on the fourth line after the word "of" to delete "the principal and interest payment" and insert "such full amount." Commissioner Tenney seconded the motion which carried unanimously. The City Attorney presented Ordinance ff2133, as 'amended, for second reading and stated he would read by title only unless there was a request to read in its entirety. The Ordw inance was read by title only. Commissioner Moore moved to pass and adopt Ordinance #2133, as amended, on second and final ,reading and to authorize the appropriate officials to execute same. Commissioner Garvey seconded the motion. Upon roll call the vote was: . I " :, "Ayes": Garvey, Moore, Nunamaker, Tenney and LeCher. "N ays II : None. Commissioner Tenney moved to pass and adopt Resolution #80-66 and to authorize the appropriate officials to execute same. Commissioner Moore seconded the motion. Upon Toll call the vote was: "Ayes": Garvey, Moore, Nunamaker, Tenney and LeCher. "Nays": None. Lots Jack Ordinance ft2l19 ts u lV1Slon. 8'0. Commissioner',Moore moved that Ordinances 2119 through 2135 (Items 27 through 37) be read and considered by title only on the first reading by the unanimous consent of the Commission. 'Motion was seconded by Commissioner Tenney and carried unanimously. . ,I. ~ - ',. . , , . . c._.\ " " +~. .'.. ," , , ,. . I ~ . ....,) . c, .' ~~.: ~ T j ~ , ".. .' . .... .'; .,;.."L.;i....:i;\,;~;:;$~ ... . . T' ..\ ",:,:., ::,~ :;. fI I)' , . I (, '1 "l " ' ,,' , .,1 Ordinance '2119 was read by title only. Commissioner; Moore moved that Ordinance *2119 be passed on its first reading. Motion was seconded by Commissioner Tenney. Upon roll call the vote was: "Ayeslt: Garvey, Moore, Nunamaker, Tenney and LeCher, " lINays": None. ITBM" 28 - First Reading Ordinance 1# 2120 - ,Zoning , Property Annexed in Ordinance 12119. . The ordinance was read by title only. Commissioner Moore'move~1that Ordinance 1#2120 be passed on its first reading. Motion was seconded by Commissioner Tenney. Upon roll call the vote was: !lAyes": Garvey, Moore, Nunamaker, Tenney and LeCher. "Nays fl : None. ITEM 1#29 - First Reading, Ordinance #2126 - Amending Article XXXV, Administration and Enforcement~ of the Zoning COdeh to establish procedure that review of ite Plans by the esource Develo1ment Committee is mandatora before variances or specia exceptions shall be conSl ered by the BAAZ. " Commissioner Tenney moved to continue the first reading of Ordinance 12126 to June 19, 1980. Commissioner Garvey seconded the motion which carried unanimously. The ordinance was read by title only. Commissioner Moore moved that Ordinance #2127 be passed on its first reading. Motion was seconded by Commissioner Tenney. Upon roll call the vote was: "Ayes": Garvey, Moore, Nunamaker, Tenney and LeCher, "Nays": None. . The ordinance was read by title only. Commissioner Tenney moved that Ordinance #2128 be passed on its first reading, Motion was seconded by Commissioner Moore. Upon roll call the vote was: I~yes": Garvey, Moore, Nunamaker, Tenney and LeCher. "Nays": None. ~;t~il~i;~i\",';(':,:;;,,:,,;i:, " ,,',', . ' ' , · ':' 1,'{'1' '. - ,.'t .oj .,': J" ~ 7/ . .' , . '.., '" " ,'/, ',' >., . , , ~-Lf.""~ "'~... J.) ,. "'r '.,J-' 1 I ' .f' i, ' ,,. . . J ' ,. '. ~ , , . ~'''r'1ilL.o-.''~'' ~c., ".. "..j) ..'.... ~'. f ,... ;;\, I' II I' ~.. " ,,'. '. .', ~, . , , ,~ ~'l: :i('''' ";i}i~~~~~~~j~W~i;~~~{;~;;;!I':;'i';;~' ,;: :; ~ :: \ ' . ,~r::;: i':' .,:'" ' ",,:' ;~". ::;;.; :,:i;;,:) ~f~mt..:"~,:.(~J:t"1,<\<</:,:~.~j~,,.r'~~',/\~;,'~;)' ';" t '.10. ,:' ,;,( ... . < /.; ",.' ";,'. ,6/5/80,1. .,....' ':. '/.1' ~,u[l,: '-';::4':;ll ' . '.. ,,",'.f,.I:.\~:~J1/~.>':':',"'~\..~~.,..:' .!~","". ~'.'''' +,' l' .-, "'~!.;.~'. '~~,.,.~"",...;'<',,~\.....~;.t: ,.. ,."u.'; i) It . ..~} .;..' ~,~'..i' ., " , . . ~~) The ordinance was read by title only. Commissioner Moore moved that Ordinance *2129 be passed on its first reading. Motion was seconded by Commissioner Tenney. Upon roll call the vote was: "Ayes" : Garvey, Moore, Nunamaker, Tenney and LeCher. " lINays": None. , , ITEM #33 - First Reading, Ordinance 62130 - Amending Section 4-18, Alcoholic Beverages, to Repeal Zone 7A and Enact New Zone 19CC. 401 Soutli Fort Harrison Avenue, to permit sale of beer, wine and liquor (COP-SRX) on premises, Lot 46, Block 13, Court Square SUbdivision, in Section 16-29': 15.' !Approved ,5/1/80(.; i.', Park:Terrace 'Restaurant ~ The ordinance was read by title only. Commissioner Moore moved that Ordinance #2130 be passed on its first reading. Motion was seconded by Commissioner Tenney. Upon 1'011 call the vote was: "Ayes": Garvey, Moore, Nunamaker, Tenney and LeCher. , ".; "Nays": None. ITBM #34 - First Readin~, Ordinance #2131 - Amending Section 4-18 of Code, Alcohol1c Beverages, to Repeal Zone 21 and Enact'lNew Zone 22M. 1905 North Hercules Avenue, to permit sale of beer and wine on premises (2-COP), W 193' Peet of S 270 feet of S1 of Wi of SW! of NE! of Section 1-29-15 (M&B 3-1). Approved 5/1/80. Hoagie Villa. The ordinance was read by title only. Commissioner Tenney moved that Ordinance #2131 be passed on its first reading. Motion was seconded by Commissioner Moore. Upon roll call the vote was: "Ayes": Garvey, Moore, Nunamaker, Tenney and LeCher. "Nays": None, The ordinance was read by title only. Commissioner Moore moved that Ordinance #Z13Z be passed on its first reading. Motion was seconded by Commissioner Tenney. , Upon roll call the vote was: "Ayes": Garvey, Moore, Nunamaker, Tenney and LeCher. "Nays": None." , ~ ': t',. I ~', '. .... I .' I'. ..', I . ~ ~ >', ~ , , , \ ,~,> ,,;,', .,:,' ::<"::':~:':':;'l:(::<:~' , . . ~ " ",' :./, '., ~ '\~ . '1"':. :..~j'- ., ,'. '.~ .:.~ ~ .....(:,. ..><..~. ....' " ~ . . " ' . .. . ,\ 8 e , \,' ':,' :':: ;,>~:,::'::.f}'JJr~~ - '. .~~.~ .~~:~ '~\\~~'1 !:~ . ,OM ,~ . :', ~~:.I;~' .' :"':~' ",,::{t,d~ ,i ~:.,;::.::::;:y;~;: ::.""t';t\~' , " . , ~ < " ," ITEM '36 ~ Pirst Reading, Ordinance '2134 - .Amending' Operating Budget - Fiscal Year 1979/80. The ordinance was read by title only. Commissioner" Tenney moved that Ordinance '2134 be passed on its first reading. Motion was seconded by Commissioner Moore. ' Upon roll call the vote was: "Ayes" : Garvey, Moore, Nunamaker, Tenney and LeCher.' . . ~ . , ~. "Naystl: None. ITEM #37 - First Capita mprovement u The ordinance was read by title only. Commissioner Tenney moved that Ordinance #2135 be passed on its first reading. Motion was seconded by Commissioner Moore. Upon roll call the vote was: Amendin "Ayes": Garvey, Moore, Nunamaker, Tenney and LeCher. d..""\ "Nays": None. ITEM #38 - Resolution #80-67 - Authorizing, Submission ~Plication to Florida Department of Natural Resources or unding under Bnergy Demonstration Program of Land and Water Conservation Fund for an Energy Demonstration Center at Moccasin Lake Park. " Comrnissione~~.Wenney '1Ioved,< to',,'pass :and adopt Resolution:,:' 180-67 and to authorize the appropriate~officials to execute same. Commissioner Moore seconded the motion, Upon roll ':," call the vote was: "Ayestl: Garvey, Moore, Nunamaker, Tenney and LeCher. tiN ays tl : None. ITEM #39 - Resolution #80-68 Requesting Assistance of Pinellas Anclote Basin Board in Acquisition and Estab~ lishment of MUlti-Purpose Flood Control Project in Alligator Creek Basin, Commissioner Moore moved to pass arid adopt Resolution 680M68 and to authorize the appropriate, officials to execute same. Commissioner Tenney seconded the motion. Upon roll call the vote was: "Ayes": Garvey, Moore, Nunamaker, Tenney and LeCher. "Nays": None. ITEM *40 - Resolution Authorizing City Attorney's 'Office to Bring Action for Removal of Encroacnment Within:'C~t'Yls Drainage Easement. Hermann Bailey,' Jr., 1453 S. Bve'l'green Ave t Commissioner Tenney moved to continue this resolution,to June 19, 1980. Commissioner Moore seconded the motion which carried unanimoUSly. : ;,i , . . '- , . \...,.... . .',' '{ ". . .....;, :.. ............ .... .g,.,....,;,..6.:'it~ri:.} ;,j.~,;}(HJ~i~i e 48 ',: :;:, ~:~<<;::)~lW~~;i;t '~~'" ,'I.".JT'!~11~ " ~ . { /1" I' '1 r : ,", ',;~ ' . '. ,: :1;:'"",:,'/ t I' . ~ , I:,I~.? ,> , " ITEM '41 . Acceptance of Easements. The City Attorney presented the following easements: " Gas Easement in W 25 feet of Nl of Lot 21 in the SWl of Section 30-29-16, Pinellas Groves Subdivision, from Jason and Marsha Lesser. Gas Easement in Portion of Lot 14, Pinellas Groves Subdivision, in the swl of Section 19-29-16, from Clint A. and Susan T. Jones. , , \, Sign Easement in Portion of Government Lot 2 in Section 16-29-16, from Trustees of Mary Custis Lee Chapter #1451, United Daughters of the Confederacy. Commissioner Tenney moved to accept the easements and to direct the City Clerk to record same in the Public Records of Pinellas County, Florida. Motion was seconded by Commissioner Moore and carried unanimously. ITEM #42- Other Commission Action. The City Manager reported the fees established by the City Commission for use of the City Hall Annex auditorium by public, civic, or church groups is one-half'of the rate for commercial activities. Commissioner Tenney requested a proposal for a book mobile be included in the forthcoming budget. Commission recessed at 7: 20 and reconvened at,' 7: 3S p.m. and proceeded to Public Hearings~, ITEM~112 - A Public Hearing on Lot Clearing Violations,' List 1,1 - 1980. ". " Complaints of lots needing to be cleared have been investigated by the Sanitation Division and owners were notified by certified mail to clear the property within 10 days or a public hearing would be held to authorize clearance. List 80-1 with 4 property owners who failed to clear their property within the 10 days was presented, Inspector Gil Wyers stated the lots remaining to be cleared constitute a menace to public health, safety and welfare. Commissioner Tenney moved to authorize clearance of the properties in violation of Ordinance #1894, and billings of the property owners for costs and/or administrative charges, and to authorize the appropriate officials to execute same. Commissioner Moore seconded the motion. There were no objections. Motion carried unanimously. , ,.' l- .. .... ~~~l~~;,:~~l~i ;~%;,:~:t; ~':;~ :(,:;,,; '. ':" .:...... .! ,,,~~,",~,,,;jI , 7.~;~:I'~/') ...~~ ~l]~.,.,rJVr"'f .,,;~~ .1.,,1....1. ..' j ~ '~':"'I. #. "'. ' J '~~I~ . 1 .~~~ :):~t:f.:<!/t~\.~~.i.j~t::T{<~;!~.~':;'~~.;;:~;. }~4~~'i;::/~ '!.~;> ':~~'~~:' , ~.' . , J{)..~...,~J,~....~~~'\.!".....,~.{..\ +; .).l..'I.~,""\..~~J '(I 'I"~ '....' ': ~,J:~""~..of ~......b'1.....;~.,~,{~ . ..... . .+'Lr-t..~I.': "" '..~)~:..-;', ,- 13 i:1~.!~;:T lfh"'<"I-'~ '. l; .:'1,,....: ~;...I ,',J .' <'"~~~ \If. ,~.,,\". ;'"~~1c\3'" .' ~ -. ' L,i, \ . , l.'~".\'.J"~,,~,:< .L'~,' '...' ~ .' .:: '. ' .':" :.'," ,,:~., i' .i';;:\( ;.~. t..t,~:/i;j~:ri~~;i;~~i~~ , ' ",,:>' .- ,,::' " . 'c:~, .::' ",' '; '''':'6'15/.8'0' ': .', :C,: ',",,.;,:.:.;,<..';"~i::~ 'l'li;;~f,~ ,(<~'I~'h~'< iF.~'l~1.' . . ".~: f' </ :~ t"', .... '~L'r ,~ " .!>............:.,;1.~,::t 11}~ ...~~'~.... . ~ < .~.. ';',,\~' '........./"r'...-. . ~ ~t..."'\'.I; +..._~jlTol'.~~~ ~;'"""r "f" ~~"f, ~ ....~;',.~~ . .. . .~, ~ \ >.t')~",o,-;''i:;':~:.~i~...~.,:(''{.':'''.~ ,":..~~,tJJ.1j=.}(-r,;~\ ," e o The property is located on the east side of U.S. 19, south of Ramada Inn and approximately 395 feet north of State Road 60 and is zoned eG (general business). .. - The applicant's requosts were denied by the DMZ on April 24, 1980, and he is appealing the decision. The Planning Director reported the property had recently been rezoned from CP (commercial parkway) to CG, which enabled the applicant to requQst a special exception. William Mitcholl, representative, presented a site plan and an artist's rendering of the project to construct self~ service storage units from which no businesses will be ,allowed to operate. The site plan has beon modified to meet the Cityts requirements "with n 24~foDt ROW easement dedicated at the rear of the property. Approval of this facility will increase the City'S tax base but will not increase required City services. There will be minimal traffic impact and the residence will be, a security factor. 1 There were no citizens to ,peak. Commissioner Moore moved to approve the two special exception requests with tho provision that the right to obtain a building permit in accordance with said special exceptions shall cease after six (6) months from this date. Commissioner Garvey seconded the motion which car~ied unanimously, , Commission returned to related Items 8~a&b. IT5M M8 - Public Storage Self-Service ,Storage Facilities., a. Community Impact Statement. The Resource Development Committee had approved the Community Impact Statement with three, conditions, which have all been met with the exception of a park dedication require~ ment. The applicant requested a waiver of the park dedication and suggested since they will be grassing and maintaining this easement while not enjoying any productive use of the area, that the easement be an acceptable contribution to the City in lieu of funds, Commissioner Garvey moved to approve the Community Impact Statement subject to a monetary donation of $5,000 lieu of park dedication. Commissioner Nunamaker seconded motion which carried unanimously. b. Review of Preliminary Site Pl~n. Commissioner Garvey moved to approve the Preliminary Site Plan subject to the following conditions: 1) Fencing and landscaping plan be submitted to and approved by the City; 2) A 24-foot private access easement be located at the Tear of the property; and 3) Building permit be issued within six (6) months from approval date and total project be completed within two (2) years; and that the appropriate officials be authorized to execute same. Commissioner Moore seconded the motion which carried unanimously. in the " ," , " 1'. : , , ,[ . ,'. ~I';tl' > . \l I"J >/., .t. ~. I '\,'., l' . ~1/F~/,:~~:~1~~ ~I:.I:. ~. -1.\ 1\ ~I le :.:~: .~, ;,,~.~'r::\: C:"':".':p ,\>~ "II 'I~~' ...;,t~::,~': '. \' ~ . ~ ',.. I i:1 " ..' 1. j """{;::;.'" . >', , e tI '< Tho property is located at tho northeast corner,of Land~ mark Drive and State Road 580, is currently vacant, and conft tains 9.65 acres MOL. , , 'f . , ' The development of u subdivision with single family residences is planned. ' Commissioner Tenney moved to approve the Land Use Plan Amendment to Low Density Residential and to approve " RS~75 zoning and that the City Attorney bo instructed to include this in ordinances as required. Commissioner Moore seconded the motion. Thoro wore no citizens to speak. Motion carried unanimously. The property is located at the southeast intersection of Sunset Point and Keone Roods and contains 1.3 acres MOL. It is developed with 0 single-family residenc.e. The Public Works Director requested dedication of a 10- foot drainage and utility easement be included in the recom-: mendation as is customary. Commissioner Garvey moved to approve the annexation, establish RS- 200 zoning, Pire District 1# 2, upon receipt of.',a lO-foot drainage and utility easement to the City, and the City Attorney instructed to include this in ordinances. Commissioner Nunamaker seconded the motion. There were no citizens to speak. Motion carrie4 unanimously. The property is located on North Fort Harrison Avenue between Nicholson and Cedar Streets. Currently a gas station, a group home, a residence, an interior design business, and a hair goods business, are located on the property. The amend. ment would allow continuation and expansion of the commercial uses on the property at the present time. The Planning Director presented slides of the area and recommended denial of the 'request as the residential/office designation would continue the area as it is currently develH oped. He suggested the entire area be considered by the .Commission for rezoning. , ' Sev~r~l citizens spoke in su~p~rt of the request. were no c1t1zens to speak in Oppos1t10n. , Commissioner Tenney moved to approve the request for Land Use Plan amendment to commercial/tourist facilities and to instruct the City Attorney to include this in an ordinance when applicable. Commissioner Moore seconded the motion. Upon the vote being taken, Commissioners Nunamaker, Moore and Tenney, and the Mayor voted "Aye": Commissioner Garvey voted "Nay." Motion carried. There ': T.I . =, 'J :./ .' '" , fit) . " . ..:..:..: .... ". ... . ; .... ....? .':>, >';';'j:j'~,H"'::,,;~{~~ ..'" ,- '" ".,'.>,.'. ,,6/5/80," . ,:,.,. "<~'L,:)".'~."t". : "<,.,'::t. ,.:: '~.:~. '. , He .e' Jf~~'I:'....:J:'L".':..!,:..-'~~.,~,,""""~~.:H~:: . ' , : ~'~ ' $ -- ITEM '20 - A Public Hearin! on Requests for Zoning Atlas and Land Use Amendments on Lots throUfh 14A incIusive~ Block Z, and Lots 1 and 12 throufth 18 inclus ve, lock W Hi 1scus Gardens SUbdivision, to!et er w~acated ROW for ladY Mary Drive and Stevenson Bou avard. Elwood Hogan, Jr.. Trustee. a. b. Land Use Plan Amendment from Medium Density Residential to High Density Residential (LUP 80-41). This vacant property is located between Pierce and ", Franklin Streets, west of South Evergreen Avenue and east of Waverly Way , and contains 4.7081 acres. The developer plans an apartment complex on the site. The Planning and Zoning Board recommended approval of the Land Use Plan ,amendment but suggested RM-24 instead of RM-28. The recommendation to the City Commission is to further amend by rezoning to RM-20. The Planning Director presented slides of the area. Elwood Hogan, Jr., representing the owners of the prop- erty, stated they" had agreed to the ~f-24 zoning as it would allow the maximum height required for the project on the vacated portion of Lady Mary Drive. The Planning Director reported the request for the Land Use Plan amendment is for medium density residential to high density residential for the entire tract, but the rezoning applies only to the vacated Lady Mary Drive. He recommends the entire tract be rezoned RM-20 as the area is built to medium, not high, density. He also reported the applicants had cooperated with the City on sewer and utility easements. Mr. Hogan reported they plan 80 units in 5 buildings of 4 stories each, with parking beneath. They will provide "." adequate open space, and sloping engineering because of Stevenson Creek. This plan will conform to RM-24 zoning. Commissioner Moore moved to approve the Land Use Plan amendment to High Density Residential and to deny the Zoning Atlas amendment from RM-12 to RM-28 but to approve RM-24, and direct the Planning Department to initiate re-zoning on the remainder of the tract from RM-28 to RM-24, and the City Attorney instructed to include this in the required ordinances when appropriate: Commissioner Tenney seconded the motion. There were no citizens to speak. Upon the vote being taken, Motion, carried unanimously. \ '. . . l ',:" :., ~', \, " : :i,,: ',,(:I::<~:l?,~:~~~, ;.:-'" fA' @ . r .,.>~ . , "1 . ,> .' ~ . 'I City Attorney instructed to include these changes in the necessary ordinances. Commissioner Moore seconded the motion. There were no citizens to speak. Motion carried unanimously. 22.5-a 6 band 22.6 Commissioner Nunamaker moved to approve retention'of current zoning for all the property north of Bay Esplanade to include the north side of, Somerset, subject to subsequent re- zoning to ailow a 47~foot height cap with a lower level for parking and three floors of living quarters. Commissioner Moo~e seconded the motion. Citizens spoke in support of pre- serving the status of the Mtd-Beach, retaining its character, and keeping the height ,restricted. Those opposed requested the public hearing be considered as advertised and that the setbacks be changed. Clarification was requested as to whether or not a moratorium would be declared until the rezoning could be approved. Discussion ensued on the ablitiy to rebuild even if the area retains its current zoning. Upon the vote ' being taken, Commissioner Nuanmaker and the Mayor voted "Aye"; Commissioners Tenney, Moore, and Garvey voted "Nay." Motion failed. Commission recessed at 11:04 and reconvened at 11:19 p.m. By unanimous consent the Commission agreed to consider Items 22.5-a & band 22.6. 22.5a 'I The property is located north of Kendall Street midway between Mandalay Avenue and the Gulf of Mexico and contains .31 acre MOL. The Planning Director displayed slides of the area and recommended the area remain as currently zoned. Commissioner Tenney moved to deny High Density Residential Land Use Plan designation. CommissToner Moore seconded the motion. There were no citizens to speak. Motion carried unanimously. 22.5-b The property is located from the Gulf of Mexico, east to Clearwater Bay approximately 100 feet on the north side of Somerset Street and south from Somerset to Kendall Street approximately 100 feet west of Manda1ay Avenue to the Gulf of Mexico and contains 8.63 acres MOL. The Planning Director presented slides of the area and stated it was developed with low-rise apartment motels and built to 22 to 24 units per acre. Commissioner Garvey moved to delete Lots 12, 13 and 14, Block 7, Clearwater Beach Subdivision Revised from the recomw mendation and to approve the Zoning Atlas amendment from RM- 28 to RMwZO for the 'remainder of tlie property, and the City Attorney 1nstructed to in~lude this in an ordinance. Com- .' missioner Tenney'seconded the motion. A number of citizens ": t., ," ~, . \ I,' . . ",";' ,:'<~ > c , '.'. " .~" . I . .. , . :'.", '..'. ' :. ," . ,", , '. ':'~:::;':':;\"':';"~':.'l',:.':",:,~,':::,",'":,,:",....",~,~':.::,':,.I.^.:,'.,:',','.',:,:~,';".:.,'..'!.,'.;,:,:,':.,"'..'l"':"',:.,,:, .,..::../,:i,<:..~f:~<)~',~::;::',>,:., " - ,',' '. ",' '.' 'I! @ e .' " , 'I' spoke in support and opposition. Upon the vote being taken, Commissioners Garvey, Moore, and Tenney, and the Mayor voted "Aye"; Commissioner Nunamaker voted "Nay. II Motion carri,ed. Max Battle, Public Works Director, left the meeting at 12:30 a.m. 22.6 The property is located from Bay Esplanade north to Somerset Street and from approximately 100 feet west of Mandalay Avenue east to Clearwater Bay. The property contains 16.16 acres MOL. ' Commissioner Garvey moved to approve the Zoning Atlas amendment from CG and CTF-2B to CTF-24. Commissioner Moore seconded the motion. After citizen discussion in support and in opposition, the motion was withdrawn. Commissioner Tenney moved to allow the area zoned CG to remain CG and to rezone the area zoned CTF-28 to CTF-24. Commissioner Moore seconded the motion. Upon further discus- sion, the second was withdrawn. Motion died for lack of a second. Commissioner Tenney moved that all the area currently zoned CG remain CG. Commissioner Moore seconded the motion. Upon the vote being taken, Commissioners Nunamaker, Moore and Tenney, and the Mayor voted "Aye"; Commissioner Garvey voted "Nay." Motion carried. Commissioner Tenney moved to rezone the area zoned CTF- 28 to CTF-24, and the City Attorney instructed to include this,' in an ordlnance. Commissioner Moore seconded the motion which carried unanimously. Commissioner Tenney requested the Planning Director review 'the area zoned CG in Item 22.6 and initiate a new zoning category, "Neighborhood/CommercJ.al,1I with a 40-foot height cap. ' Commission returned to Item 22.1. 22.1 The property is located on the north side of Marianne Street north to Bayrnont Street from East Shore Drive east to Clearwater Bay, and contains 4.34 acres MOL. The Planning Director reported the area has been developed with motels and hotels. Commissioner Garvey moved to approve the Zoning Atlas amendment from CG to CTF-2B, Commissioner Tenney seconded the motion which, after discussion by citizens, was withdrawn. Commissioner Tenney moved to deny the requested zoning change and to allow the area to remain CG. Commissioner Moore seconded the motion. Upon the vote;,being taken, Com- missioners Nunamaker, Moore and Tenney, and the Mayor voted "Aye"; Commissioner Garvey voted "Nay." Motion carried. I> . ", " I. t~;'~{&i::,j):;},~;:E'l;,i:!','t:;i:/~;,>,:< ,i ,'., " ' Hr'&\I~!,""""",,,,,,,"'''j'-'''J'''''\'''''' ....1". ",'" j" " Ii~ ~ ~'~(\~~ '~":J~; ~\~P~.::~t\:;,.\.~:': f: ':.>I;:~.";.;~\ J~'~~;::\ i~.;i ~ ~'i~.~:,"Ct~I<.. ~ I'::'~ ~:~ '.'~.'.'; . ~ t:~~. . :', :. ; ;:"'lW"I.f.l,r,f"/~~;~,,'.t:W~,,~1'J~A"f,I~.'r,'.:.i\,':,:, ,',\',-;'.':',:"" ',-./ ~,.,:.. ':.,,' :" ,;' , ;~BJat"~~~i~t.".~..;r:t~.t:-.c~ .~, #' " ..' 'c' "". .'.~:, ,I'..~~ T<:;~:>:~'>. ';'.,> . ;/, c '..'. ""'.,,'! . .. ., .',:, ";.,,,/~.:;,;~,li~~11~ ,; '" "; '/',I<~;(_r;>> ',,:: ,~::~?:~: . . , ,. , . '.' ,".<, e .'1 e . I' I . , .; 22.2 The property is located on the north side of,~apaya Street, north to Rockaway Street from the Gulf of Mexico east 250 feet to 400 feet and contains 7.85 acres MOL. The area is developed with motels, apartments, single- family residences, tourist related commercial establishments, and parking. Commissioner Tenney moved to approve a Zoning Atlas amendment to CTF-24. Commissioner Garvey seconded the motion. Citizens spoke in support and objection. Upon the vote being taken, Commissioners Garvey and Tenney voted "Aye"; Commissioners Nunamaker and Moore, and the Mayor voted "Nay." Motion failed. Commissioner Garvey moved to approve a Zoning Atlas amendment to CTF-28 and the City Attorne~ instructed to iv: . elude this in an ordiJlan~e.Co\9~bftStR~evot'en\)*e}fn~ect'a\~n~ l.eonlUotlon. missioners Garvey, Tenney, and Moore voted "Aye"; Commissioner Nunamaker and the Mayor voted "Nay. II Motion carried~ . 22.3-c The property is located north of Baymont Street and east of Mandalay Avenue to Clearwater Bay and contains 6.3 acres MOL and is known as the "Yacht Basin Apartments." One citizen spoke in.support and two spoke in objection. . Commissioner Moore moved to approve the Zoning Atlas amendment to RM-24 in lieu of the RM-ZO requested, and the City Attorney instructed to include this in an ordinance. Commissioner Tenney seconded the motion which carried unanimously. 22.3-a & b The property is located east of Mandalay Avenue abutting Clearw~ter Bay, immediately north of the Yacht Basin Apartments, and contains .2 acre MOL. Commissioner Tenney moved to approve the Land Use Plan amendment to High-Density Residential, and the Zoning Atlas amendment to RM-24, in lieu of the RM-20 requested and the City Attorney instructe"d to include this in an ordinance. Commis- sioner Garvey seconded the motion which carried unanimously. ITEM 123 - Citizens to be Heard re Items Not on the Agenda. Richard Twining requested stricter enforcement of the Zoning Code on Island Estates, relating to Section 33.08, Storage and Parking of Trailers, Campers, and Commercial Vehicles. ~He presented .petitions with 686 signatures. ITEM #43- The meeting adjour 2:55 a.m. .! : ~. ! Attest: "", ,; ',- . /:~.>.'-". .' ..'<-::>> . ,. ,"J ",,~:.:jfJ::~~ iJ~~.,- , . ,-, . I '. '~:: .. .- ~:Ci ~~ie~~" '. " .~'~';::~~-.{~/~/;:'I; ,>~. :'...:~,::~~;~ :-;.'~;/: :.~:: ~,:~. . ;,: ~ '- .;l~~>~/ ' ,I. ..\... . J.~. "1 ~ .,)',' ,{. 7t , . .' '. r' ,.... ;:l~:\'\:{~ ~"''::'~.f.~~~:..:,.~I'''''~'"/~'''~~'~''t~j'. ,...., ..~"~;"'.........#_,,'" . ;<~~>i~1~17~'}.:~"~.~\~;. ~ :.:..;. 'i~'f~~ L ~ f :;',",f J'!/; 1d,. r: it~',,:~ ~ ~ ~'L ~ l ,",.... , ~h.~~r:./l.jt.)."'1.....\~i"~.,'t.;:>~~,."'..,\_I..'y.t'(';..'r..... ,..... . ~1~~..~~tl!~..l~~r,,~):~?!.r:'fi;6~,.;~~.~ ".~;'~';i.~t~ ,t:l~., ~, t-';'~" "':", '. ~ +' + ~t}t:;~i:t:. "\<"i"'?''''~q;'''~''';'~~l w. \f:;j;.M"'';'~'~''-' ,- . , : . -' ,. ' r;...JV..~ .J:,h.... C1,'......;1..- ,"il", ~,,"T .'t' '1. ,,' ',I, ~. r ~ +-."'}-_ ~ f~V::''' ~ '1,1 Ttr~:\~+~;,~, .~~:' :~:..~. " ~. ~ I. I . :'. .~', ~ . I , ~ }i " . "', q ~ 'wf}9~ ~. ~~~ J.?!:{t~ ':-1~;';,''''.':;,l'i'' , . .~... . . l' I.' I .,.1'. .' I '. I" . ., ;tr:-;~~ ~~~J~~:.:t5~~ftt,~:r:rfs:.:-l:- ~hll; ~';- :~'. "'Ii,(~.it:;'~~'r1~~p~12'1' , '., I " ii, r ~. i- ~;'}. ,., la' ...;:-:r" ;<:,,1.-:1'0" ,,,,,trt... ; ,"'" !...~.a~1 ,~ .:)....~ ')\,-'SJ/~f{.~:.~, ;,~, ,;'.:'. ..,..,' i.. . , . , ., . J. ., ". .' .. c -':.: :: ::',,' ':":, '::;6" "./:~~;S~c~'/~. ~8: ~. ~O;X;;; ;,;:,,; ;:',i!i::i;@i~;;~~; . ...... ::: ," . _ . '. 'T .",'. l:'~ .'.r, . ~:''l.,,~, T~ tj;,:: C~.C~.(;?!:/M:("'. , ,\:' 'l-j~';~nHtq\J '1' ;"". .\, .. fa , - " '. NOTICE OF PUBLIC HEARING " J Planning and Zoning Board - Tuesday, May 6, 1980, at 1:30 p.m. AND ClearwateX' City Commission - Thut'tday, May 15, 1980, at 12: 30 p.m. '-'I -, Place - COMMISSION MEETING ROOM, CITY HALL, Clearwater, FL ,(a~~...~Q ). f" . 1"f',if1D I ./Iiz-.J IL ~ ~,~ ). To con.ider amendments to the Comprehensive Land Use Plan and the, .' .; Zoning Atlas of City of Clearwater for propeX'ties located 100 ft. south of Acacia St. south to Marianne St. and between the Gulf of Mexico and Clearwater Bay (City-Applicant) (Multiple'Ownership unless otherwise noted): ' b. Zoning Atlas Amendment from CG (General Business) and RM 28 (High Density Residential) to RM 20 (High Density Residential). See 5-29-15, Lots 1 and 2, B1. 76, Lots 1 through 9 inc1., B1 83, Replat of Unit 5 Manda1ay Sub, ,Lots 1 through 8 incl., B1 1, Lots 1 through 1 incl. and Lots 12 through 15 incl~, B1 2, Lots 1 through 7 incl. and Lots 12 through 15 inCl., " Bl 3, Lots 1 through 7 incl., and Lots 12 through 15 incl.; Bl ~, Lots 1 through 7 incl. and Lots 12 through ,.15 incl.. "Bl 5,N ~ Lot 2 and Lots 3 through 7 incl. " . and' Lot: 12, 8.1 6, Lots' 5) 6) 7" 12, 13 and lll, Bl 1, . \....~. ,. :. , >." ,'.", : :, '".'" ':,ClearWat8r Beach . Sub t 100 ft on north side of Somerset -'"'>:,~'~\;':',:;,:< '-,,,': ~~' :--' 'St'~';'and:'8outh 'from Somerset St. to Kendall St. . Wr~~iti;tJt~/j;i:~i~,,;S,;:t'::::,..h:,,>':::,' " ,>' '. ," ~~ J-t'l.!.'.to{1-r~~'f-A.,;"F .v;~.{\~"l'--',\..+,...~/+' ~.~~, .".: '~"P,;.' :LI.f(~ J" ~,~., ..' . ~ . ~ tt~p~'-':' ,i}"~~~i~~Li~;Ai~'~:';;i~;::~::;1:1;,:::;';::;}.j;~~2~;I:':i,:;\'-~':;'/ " ,:,;;",~,.", ,,:', " -,' , , ';' ,_ I, '. 'J ~l&r,;&*~ e;'!1J\;,Jt!:v :.~<.Il":l~":J' -",l'i,~-J~:"'"' "!,./'" ,'; ,t' ,',,' , -,' - )r$;.il":'#~~} .~,,,,~'I,.f, '\ c,~rr:...."'~. ~"i J-,;..;:rt.~~""'.,rr;~~ :~i";j.,~<'.~,,"':~ Z-80-11 Z-80-12 LUP-80-31 Z-80-3 Z-80-16 LUP-80-36 Z-80-6 LUP-80-35 I.. 1. Zoning Atlas Amendment. From CG (General Business) to eTF 28 (Commercial/Tourist Facilities). See 8-29-15t Lots 1 through 14 incl.. B1 C, Barbour Morrow Sub, Lots 1 through 12 inCl., Bl C, Clearwater Beach Park) 1st Add Rep1at and all adjacent uplands. Located N of Marianne St., S of Baymont St. and E of East Shore Or to Clearwater Bay. 2. Zoning Atlas Amendment. From,CG (General Business) to CTF 28 (Commercial/Tourist Faci1i ties). See 5-/8- 29,-15, Lots 1 through 10 1nc1.', Replat of Millet" s Sub, , vacated alley loeated N of Clearwater Beach Resub' Lots 1 through 56 incl., Clearwater Beach Park Sub. , , Located N of Papaya St. and S of Rockaway St. 3. a. Land Use Plan Amendment from Recreation Open Space to High, Density Residential. and b; Zoning Atlas Amendment from P (Public) to RM 20 (High Density Residential). Sec 5-29-15 on Lot 9, " Yacht Basin Sub, E of Mandalay Ave abutting Clearwater Bay, immediately north of YaCht Basin Apartments ( Shman, Pankey). c. Zoning Atlas Amendment from CTF 28 (Commercial/ Tourist Facilities) to RM 20 (High Density Residential). Sec 8-29-15, Lots 1 through 8 incl., Yacht Basin Sub, N of'Baymont St. and E of Mandalay to Clearwater Bay (Shman, Pank:ey). 4. a. Land Use Plan Amendment from Commercial/Tourist Facilities and High Density Residential to Recreationl Open Space. and b. Zoning Atlas Amendment from CG (General Business) and RM 28 (High Density Residential) to P (Public) Sec 5-29-15 on Lots 1, 2, 3, 4 and 15, 81 7, Lots 13, 14, 15, 1 and 5 ~ Lot 2, 81 6, Clearwater Beach Sub revised, N side of Kendall St. to one lot N of Avalon St. (CitY,of Clearwater). 5. a. Land Use Plan Amendment from Commercial/Tourist Facilities to High Density Residential. Sec 5-29-15, Lots 12, 13 and lll, B1 7, Clearwater BeaCh Sub revised, No! Kendall St. approx. midway between Mandalay Av. and Gulf of Mexico. . I .' " ~. ' ~ .\,' " ~. , ., . > : ~ 'I . · ,', '. 'i.".:';::;!',~,1 ...l; ~ DtI~ .~ .!A ..,,~ a.u ~l ~~ ~ 0.... tii lJ r:w. _\ 0.> 0) Q,)U'I 1i II\~. Q,) .. ::'.' 61.....-' Q 't. f114! ~. "#1. ..~ ....- "",.... .. - .~ ~ tJ ~ - Ii .. .. .. .. .. .. .. .. .. &/ '.2 a:. ~ - l! Q) ~ "'" A I", I ~ , Ot-U-NCO ~ ., StiOHS "'~J \ YIUaSNIOd " . l C) (.) O. AV''fON'''W u.co \- C"l ~ (.) ------ co C'I u.. o ::l10t> .-- i ###, ~.... "'.t. ~ - ~ - N ... - ~: ~ ~ ..... .,.~ .,." ~... a, $ 1-1 u..co r-(\l o !HiOHS JSY:! _ mA_\_ A'll "'0 N "r/ W , - ~ V'IU3SNIOd 8) ~~ :E !I M31^ :f10D " .~ u..co .... ('I' o ~ ':'\. .. '. . " I . ... ~f 0( - u 0( u c o In tJJ a: ... '" VI II: WI ~ o III ~ N ..J C 'V'1J.J.15N I Od ] ~ I~ a: c. AV'VONVW '*" ~ 0 0 C III 0 .j :i .j .j -' c 0 0 < J~ ~ c cr, N -' z - I~ III III c.:l ::: 1IC l~ III ::t o CI) "" ~ < ~- "-,c:: rt ---r 't:l "1- 't:l -0 ~. = ",-" ~ = ..J ~ -tlI ---.... .", = cu <( " ~ & ~, ".. .. ~ +J - I%l ;,:0< 1 ~ bOd '$\0 ~~ Ln Ln bOt:: ~ <, d ll.l d ll.l oo:::tl~l'M E \ lilt: - ".-I e "d"d 't:l"d III> :110 =d I'. OO~ e, lS:d d' S' E o Ill' 1 <l) _ II) . C Il) ~~ ~ ~ 'p.~ III Il) <1-1 ~ Q) H...._H. III H H ~. Q) 1-1= 0-. k t::. .... k t'j k t'j t . 0 r-I OM' .U~ U~ - III III 1l)Q) : Q) II) Q)1Il II):::J III 0 LLCO ... 1-(\1 \AI U. (.) ~ 0: (X) "' .... snltd).:) WI CO ~ (\I Q ..J 0 0 0 c( Lt) C'I "" z <C 4{ 4{ l~ :E VIJ.USN IOd oJ A. U rx: '^ 4 '" u t Q. .,.. c.. 4 01( G AY'''ONVW U . " ".T. ,,:,"".',' ...~..".' I ~~~:: I ,'..,. . _. \ .:. . .', "::= .:; :::. ': . . " ~.. .... , . j." ~; . . , ,..' ;i '~'. .. ,. c ~ c X t) o a: . I ~~ .... Q .. @ .. page 2 . ACTION AGENDA - CITY COMMISSION MEETING - JUNE 5, 1980, 6:00 P.M. illl1 City Manager ~eports continued 7. Appointment of Advisory Board Members: a. Marine Advisory Board b. Library Board . 8. (Continued) Public Storage Self-Service Stor- , age Facilities (Public Storage, Inc.) SWi of NWi S17-29S-16E. To be heard after Publ Hearings: !. Community Impact Statement b. Re~iew of Preliminary Site Plan 9. Utility and Energy Conservation Elements, Clearwater Comprehensive Plan, and request for Extension of Deadline for Compliance with LGCPt\ 10. Other Pending Matters: a. Purchase of Construction Material-Marl for Memorial Causeway b. 1. Change Order No.8 to the Marshall Street PCF Expansion contract. 2. Certificate of Substantial Completio 11. Verbal Reports . Public Hearings (7:30 P.M.) 12. Lot Clearing Violations - List #1 13. (Continued) - Zoning Appeal - Public Storage , Inc.. 14. (Continued) - Sign Appeal - Mr. Hero Sand- wich Shop - JDK Restaurant, Inc., appellan (Rax Roast Beef) 15. Vacation Request - Burger King Corporation 16. (Continued) Request,for Zoning Ordinance , Text Change (to be continued) 17. Land Use Plan Amend. from Public/Semi-Public to Low Density Res. and a Zoning Atlas Amend. from RS-50 (single Fami1y Res.) for M&B I-I, SWi of the SEi of the NEt of Sec. 29-28S-16E(Diocese of St. Pete - City) LUP 80-37, Z80-7 18. Petitton for Annexation of the Ni of the Si of Lot 7, Pinellas Groves, Sec. 1~29S-15E (Guy) Annex 80-5 19. LUP Amend. from Res./Office to Comm./Tourist Facilities for M&B 6-1 and L 1,2,3,4 and 5, Block 3, Nicholson Sub. Sec. 9-29S-15E Anderson, FullLife Ministries, Hawkes, Mc- Mullen, Seastrom Smith) LUP 80-38 20. Request for LUP Amend. from Med. Density Res to High Density Res. for L4-14, Blk 2, L1, 12~18, Blk W, certain vacated RaWls, Hib- iscus Gardens, & Zonin9 Atlas'Amend. from RM-12(Duplex-Apt. Res.) on vacated ROW of Lady Mary Drive between Pierce and Frank- lin, Hib. Gardens, Sec. 15-29S-15E(Hogan) LUP 80-41, Z-BO-9 21. LUP Amend. from Low Dens. Res. to Publici Semi-Public 'and a Zoning Atlas Amend. from RS-50 to ISP 'for portion of Tract C of New Countr~ Club Add., Sec. lO-29S-15E (Wi ed- emeyer) LUP 80-33, Z-80-5 . ., , .r . ' ;;l'i;tl~~l~:j"iF:'~~:;f; .;~": .'...'.,., '<;)..',0;,., ,. ACTIOR 7a. Reappointed Kisgl1ey Ger10ch Appointed James O'Toole and George Tice ' b. Reappointed Arta Gates. 8a. Approved and accepted $5,000 in lieu of Parkland dedications. b. Approved with conditions. 9. Authorized forwarding of elements to outside agencies and extended deadline to July 1, 1981. 10. a. Approved purchase of Marl from C. E. Pierce Co. for $8,625.00. ,b. Approved Change Order and authorized Execution of certificate. of Substantial Completion. 11. R 80-64 Authorizing City Manager to accept EPA Grant Funds adopted. RaO-65 Supporting Special 'Summer Olympic', Games adopted. 12. Authorized clearance of lots and billing of property owners. 13. Approved self se~vice storage units and managers residence as special exceptions. :l~. Withdrawn by appellant. , 15. Approved 3'ft. easement vacation South side of L 7 elk ff 2nd add., McVeigh Subdivision. 16. Continued to 6/19/80. 17. Approved Low Density LUP designation and RS-75 zoning. 18. Approved RS-200 zoning and FDH2, sub. ject to dedication of 10 ft drainage and utility easement. 19. Approved Commercial/Tourist Facility LUP designation. 20. Approved High Density Residential LUP designation and RM-24 zoning and Planning initiate rezoning en balance of tract. 21. Approved Public/Semi-Public LUP designation and IS? zoning and Planning initiate rezoning on surrounding property. d . ' ~ .. '-' . \' . > . ..., .. t . . o @ \i:jJ! page 4 ACTION AGENDA - CITY COMMI 5S ION MEETING . JUNE 5. 1980 6: 00 P. M I .mt1 ACTIO!! City Attorney Recorts 24. Second Reading - Ord. '2123 · Amending Ord. 12019 to Change Land Use Designation 25. Second Reading · Ord. 12125 - Amending Zoning Atlas of'City (Tract 41 Countryside - U.S. Home) 26. Second Reading - Ord. '2133 - Amending Ord. 12124 to Provide Park Acquisition Note Shall be Paid from Fla. Power Franchise Fe 27. First Reading - Ord. '2119 - Annexing L12,13 & 14 Missouri Heights Sub. (Vas1laros . P.H. 4/3/80) 28. First Reading - Brd. 12120 - Zoning Property Annexed in Ord. 12119 29. First Reading - Ord. 12126 - Amending Article XXXV of Zoning Ordinance relating to Admin istration & Enforcement (CONTID PUBLIC HEARING) 30. First Reading - Ord. 12127 .'Amending Ord. 1 2019 to Change Land USe Designation (lUP 80-30 - Davenport) 31. First Reading - Ord. 12128 - Amending Zoning Atlas of City (P.H. 5/1/80 Davenport) 32. First Reading - Ord. '2129 - Vacating Portion of Easement in 2nd Add'n. to McVeigh Sub. (P.H. 5/1/80 - Tri-Systems Corp.) 33. First Reading - Ord. '2130 - Amending Sec. 4-18 of Code relating to Alcoholic Bevera; , to Repeal Zone 7A & Enact New Zone 19CC (Park Terrace Restaurant - App. 5/1/80) 34. First Reading - Ord. 12131 - Amending Sec. 4-l8 of Code relating to Alcoholic Beverag to Repeal Zone 21 and Enact New Zone 22M . (Hoagie Villa - App. 5/1/80) 35'First Reading - Ord. 12132 - Amending Ord. 12019 to Change land Use Designation (LUP 80-34 - Visi~n Cable ,of Pinellas) 36.F1rst Reading - Ord. iZ134 - Amending Operat- ing Budget - Fiscal Year 1979/80 37.First Reading - Ord. 12135 - Amending Capital Improvement Budget - Fiscal Year 1979/80 38.Resolut1on - Authorizing Submission of Appli- cation for Funding for Energy Demonstratio at Moccasin Lake Park 39.Resolution - Requesting Assistance of Pinella Anclote Basin Board in Acquisition & Estab lishment of Multi-Purpose Flood Control Project in Alligator Creek Basin 40.Resolut1on - Authorizing ,City Attorney to Bring Action for Removal of Encroachment within City's Drainage Easement 41.Acceptance of Deeds and Easements 42. Other Commission Action 43. Adjournment. ", """.' ~.. : i'''~;.: " I, " . :. - +' . .' > . . \ ' . , " ,.,' ;',:'}",.:,:-;:,,',: ..:. 'L; '.,' ",' i/.:;,?'$~,:::,:~it:t:<~~{~,>'~~:;;:;i;,,':':;>:~~,::: :'.",- ,,', , ..l\. ( ,. , ,,<, ..~, '". "". . " , "'c~~j;~~f~~;.~~~~"~~~~'~'~'~".'.'.~~1,~:~;":< ~. . .. 2~. Ord. *2132 adopted. 25. Ord. *2125 adopted. 26. Ord. N2133 adopted as amended. R 80-66 awarding Park Acquisitior Note to'Barnett Bank adopted. 27. Ord. '2119 passed first reading. 28. Ord. *2120 passed first reading. 29. Ord. H2l26 continued to 6/19/80. 30. Ord. N2127 passed first reading. 31. Ord. #2128 passed first reading. 32. Ord. H2129 passed first reading. 33. Ord. H2130 passed first reading. 34. Ord. #2131 passed first reading. 35. Ord. H2132 passed first reading. 36. Ord. H213~ passed first 'reading. ' 37. Ord. H2135 passed first reading. 38. Resolution *80-67 adopted. 39. Resolution N80-68 adopted. 40. Continued to 9{rg/80. 41. Accepted Gas Easements-SE~ of Sec. 30-29-16 from J. Lesser and from C. Jones SW~ in See 19-29- 16 Pinellas Groves Accepted Sign Easement in Portior of Lot 2 See 16-29-16 from the United Daughters of Confederacy. 42. Commissioner Tenney requested Proposal for Book Mobile be includec in new budget. ~3. Adjourned 2:55 a.m. " d . .'